California DMV Section 9: Alcohol and Drugs

California Driving Under the Influence (DUI) Laws

• Scope of Laws: California’s DUI regulations encompass both alcohol and drug use. It is strictly illegal to operate a motor vehicle while under the influence of any substance that impairs the ability to drive safely.

• Substance Types: The law distinguishes no difference between illegal narcotics and legal medications obtained via a doctor or pharmacy. Both can negatively impact safe driving and auditory or visual reaction times.

• Age and Tolerance: As individuals age, their physiological tolerance to alcohol naturally decreases. This reduction in tolerance increases the statistical risk of alcohol-related driving incidents.

• Prohibited Activities Regardless of Age:

  • Consuming excessive amounts of alcohol in any form, including medicinal products such as cough syrup.

  • Taking any drug—prescription or over-the-counter—that impacts the ability to drive.

  • Using any combination of alcohol and drugs that decreases safe driving performance.

• User Responsibility: Drivers must read all medication labels and be fully aware of the side effects of any drug used.

• Law Enforcement Rights: If an officer suspects impairment, they have the legal right to request a blood or urine test.

• Refusal Penalties: Refusal to submit to a chemical test (blood or urine) results in the Department of Motor Vehicles (DMV) suspending or revoking the individual's driving privilege for a period of $1$ year.

• Bicycle Operation (Minors): Individuals aged $13$ to $20$ years old who are convicted of operating a bicycle while under the influence of drugs or alcohol face a $1$-year suspension or a $1$-year delay in obtaining their driving privilege once they become eligible.

Transporting Alcohol and Cannabis Products

• Strict Prohibitions: It is illegal to drink alcohol or to smoke or eat cannabis products while driving or riding as a passenger in a vehicle.

• Storage Requirements: Any alcohol or cannabis carried within a vehicle must be in a container that is sealed and unopened.

• Open Container Rules: If a container is open, it must be stored in the trunk or a location where passengers do not reside.

• Glove Box Restriction: It is specifically illegal to store an open container of alcohol in a vehicle's glove box.

• Exemptions: These storage and consumption rules do not apply to passengers traveling in a bus, taxi, camper, or motorhome.

Blood Alcohol Concentration (BAC) Limits

• Definition: BAC is a measurement of the amount of alcohol present in the bloodstream after consumption.

• Legal BAC Thresholds:

  • Adults (Over $21$): Illegal to drive with a BAC of $0.08\%$ or higher.

  • Minors (Under $21$): Illegal to drive with a BAC of $0.01\%$ or higher.

  • DUI Probation: Illegal at any age to drive with a BAC of $0.01\%$ or higher while on DUI probation.

  • Commercial Drivers: Illegal to drive with a BAC of $0.04\%$ or higher in a vehicle requiring a commercial driver's license.

  • Passenger for Hire: Illegal to drive with a BAC of $0.04\%$ or higher while transporting a passenger for hire.

• Impairment Without Measurement: Conviction of a DUI is possible even if the BAC is below the legal limits if the driver is sufficiently impaired. Most people experience negative effects at levels lower than the legal maximums.

• Standard Drink Units: For calculation purposes, one drink is defined as:

  • $1.5\,oz$ of $80$ proof liquor.

  • $12\,oz$ of $5\%$ beer.

  • $5\,oz$ of $12\%$ wine.

• BAC Estimation Adjustment: To account for the passage of time and metabolic processes, one should subtract $0.01\%$ for every $40$ minutes that lapse between drinks.

• Vessel Operation: It is illegal to consume alcohol or drugs while operating a boat, jet ski, water skis, aquaplane, or similar vessels, as governed by the California Harbors and Navigation Code.

Blood Alcohol Concentration (BAC) Reference Table

This table provides BAC estimates based on body weight, gender, and the number of drinks consumed. Values reflect the percentage of alcohol in the blood. For both Male (M) and Female (F), $0$ drinks result in a BAC of $.00$, representing the only safe driving condition.

• Body Weight: $100\,lbs$

  • $1$ Drink: M $.06$, F $.07$

  • $2$ Drinks: M $.12$, F $.13$ (Legally Intoxicated range)

• Body Weight: $140\,lbs$

  • $1$ Drink: M $.04$, F $.05$

  • $2$ Drinks: M $.09$, F $.09$

  • $3$ Drinks: M $.13$, F $.14$

• Body Weight: $180\,lbs$

  • $1$ Drink: M $.03$, F $.04$

  • $2$ Drinks: M $.07$, F $.07$

  • $3$ Drinks: M $.10$, F $.11$

• Body Weight: $240\,lbs$

  • $1$ Drink: M $.02$, F $.03$

  • $2$ Drinks: M $.05$, F $.06$

  • $3$ Drinks: M $.07$, F $.08$

  • $4$ Drinks: M $.10$, F $.11$

DUI Arrests and Administrative Procedures

• Implied Consent: Driving in California implies consent to a breath, blood, or urine test if an officer suspects a DUI.

• Preliminary Alcohol Screening (PAS): Even if a driver takes a PAS or breath test, they may be required to submit to a blood or urine test to check for the presence of drugs.

• Administrative Per Se Law: This law mandates the DMV to suspend driving privileges upon arrest.

• On-Scene Actions: An officer may confiscate the driver's license and issue a temporary license valid for $30$ days.

• Hearing Request: A driver has $10$ days from the date of the arrest to request a DMV administrative hearing to contest the suspension.

DUI Convictions and Penalties

• License Action: Conviction leads to a $1$-year suspension or revocation of driving privileges.

• Mandatory Requirements:

  • Completion of a licensed DUI program.

  • Filing of a California Insurance Proof Certificate (SR $22$/SR $1$P).

  • Payment of all applicable license reissue or restriction fees.

  • Possible installation of an ignition interlock device (IID) on the vehicle.

• Additional Criminal/Civil Penalties:

  • Jail sentencing for up to $6$ months.

  • Monetary fines.

  • Vehicle impoundment and associated storage fees.

  • Civil lawsuits if the DUI caused serious injury or death.

• Record Retention: All DUI convictions remain on a driver’s permanent record for $10$ years. Subsequent offenses within this timeframe trigger additional penalties from the DMV or the court.

Regulations for Drivers Under 21

• Alcohol Possession: Minors may not carry alcoholic beverages inside a vehicle unless accompanied by an individual aged $21$ or older. The container must be full, sealed, and unopened. If open, it must be in the trunk or a non-passenger area.

• Employment Exception: Minors working for a person with an off-site liquor sales license may carry alcoholic beverages in closed containers for work purposes.

• Possession Penalties: Illegal possession can result in vehicle impoundment for up to $30$ days, a court fine, and a $1$-year license suspension (or a $1$-year delay in first license issuance).

• Hand-held Breath Tests: Officers can require a minor to take a hand-held breath test (PAS) or other chemical test if consumption is suspected.

• Threshold Penalties:

  • $0.01\%$ BAC or higher: DMV may revoke driving privileges for $1$ year; mandatory licensed DUI program completion.

  • $0.05\%$ BAC or higher: The officer may require further breath or blood tests. If the subsequent test confirms a $0.05\%$ BAC or higher, the minor may be arrested for DUI and face license suspension.